Articles Posted in Tax Resolution Services

If you are seeking IRS Help because you are facing tax problems, then you are at the right place.  We are a tax representation firm and can assist you with things like 941 payroll tax, unfiled tax returns, back taxes, audits and even help you avoid or release tax levies and liens.

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WHY KEEPING CURRENT ON PAYROLL TAXES SHOULD BE A TOP BUSINESS PRIORITY

BY STEVEN V. MELNIK

STEVEN V. MELNIK, J.D., LL.M. (Tax), CPA, is an associate professor of tax law and the academic director of the graduate and undergraduate tax areas at Baruch College, CUNY in New York City. He is licensed to practice law in New York and New Jersey, and has more than 15 years experience helping individuals and businesses with tax, asset protection, and estate planning matters. This article is an adapted version of a chapter from his best-selling book, Tax Relief and Resolution: The Ultimate Guide to Paying Less to the IRS Starting Now (Flamenco Press, 2014).

A business is responsible for ensuring that taxes withheld from its W-2 employees’ payroll checks are paid. As an employer, a business is also liable for Social Security and Medicare payments and taxes and its employees’ contribution to these taxes. Staying current with payroll taxes should be a top priority for all businesses.

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When a taxpayer decides to resolve and pay back the owed amount using any one of the IRS payment programs/filings/settlements, it is called a tax settlement. Internal Revenue Service or IRS offers a tax settlement if the concerned taxpayer is struggling to pay back the tax debts or if there is a valid reason to nullify the penalties. In fact, the IRS offers more than one way for taxpayers to settle their tax debts. While the debate about whether you will get a settlement or not depends upon your financial situation, the type of settlement you will be allowed to opt for is dependent on the severity of your monetary and financial situation / troubles. Even though the IRS prefers that every individual or business pays his/her taxes completely, they can make some exceptions if the situation arises.

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Many companies advertise “heavily” on the radio, TV and the internet promising that they can resolve and settle any and all tax problems for pennies on the dollar or get you an 80-90% reduction.

BEWARE! I highly caution you to NOT call these advertisers.

Here is why you should not be ripped off by these unscrupulous companies, https://www.myirstaxrelief.com/files/tax_negotiation.pdf

What you need is an actual tax firm or law firm that specializes in tax representation. If any attorney states that ONLY lawyers could represent you before the IRS, beware and avoid this lawyer. You can be represented by Enrolled Agents (Tax experts, federally licensed and regulated by IRS directly), CPAs licensed by their respective states, or lawyers as licensed by their respective states.

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The trust fund recovery penalty (TFRP) can be applied to any responsible person who willfully fails to collect or pay trust fund taxes. The penalty amount is equal to the total amount of the tax that was not paid, up to the full amount. This is why it is sometimes known as the 100% penalty. The penalty is separate from the tax and the employer’s liability for such taxes.

Get professional IRS representation. Our firm represents taxpayers before all administrative levels of the IRS.

Please call us at 1-877-788-2937 or email us to schedule an appointment.

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The trust fund recovery penalty (TFRP) is a 100% penalty on an employer’s failure to pay its trust fund taxes. The TFRP can be assessed against any person in the employer’s business who is (1) responsible for collecting, accounting for, and paying withheld employment taxes, and (2) who willfully fails to collect or pay these taxes.

A director, officer, shareholder or employee of a corporation, a member or employee of a partnership, or any other person with the authority and control over these taxes can be held liable as a responsible person under the TFRP.

Get professional IRS representation. Our firm represents taxpayers before all administrative levels of the IRS.

Please call us at 1-877-788-2937 or email us to schedule an appointment.

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The taxpayer may be subject to several different penalties.

Failure to File
If a taxpayer fails to file on the date the return should have been filed (determined with regard to any extension of time for filing) the taxpayer will be subject to a failure to file penalty unless it is shown that the failure to file a return is due to reasonable cause and not due to willful neglect. This penalty is 5% of the net amount of tax due for each month (or fraction thereof) during which there is a failure to file any return, up to a maximum penalty of 25%. If the return is not filed within 60 days of the due date, the minimum penalty will be the lesser of $135 or 100% of the tax liability on the return (even if there are no unpaid taxes when the return is filed).

If both the “failure to file” and the “failure to pay” penalties apply for the same period, the failure to file penalty (5%) is reduced by the failure to pay penalty (0.5%). This generally results in a 4.5% per month failure to file penalty and a 0.5% per month failure to pay penalty.

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Do you owe 941 employment and payroll back taxes?

The answer is:

Yes the IRS take a lien out on property for payroll taxes.

Under IRC §6321, the federal government can encumber property with a general tax lien. Generally, this lien can be used to encumber any property that the taxpayer owns (this is generally determined under state law). A tax lien will be imposed on a taxpayer when he neglects or fails to pay taxes after demand by the government.

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If you are contacted by the IRS, they usually send you a notice to call, or pay an unpaid tax amount. Most taxpayers are confused as to what the notice is for, or what does it really mean.

This article will clarify the most common notices received by taxpayers needing back tax help.

Some of the Individual CP notices the IRS sends are:
• CP09, Earned Income Credit You May Be Entitled To From IRS: Informs the recipient that, based on information reported on the tax return, he or she may qualify to take the Earned Income Credit.
• CP10, Changes to Tax Return, Reduced Amount Applied to Next Year’s Estimated Tax:Informs the recipient of one or more changes made to his or her individual income tax return. The changes resulted in a reduced amount being applied to the following year’s estimated tax.

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Do you owe the IRS unpaid back taxes? Have they sent you many letters but you did not respond?

There are still options.

CDP – Collection due process.

If the time to respond to an IRS collection notice has passed, you, the taxpayer, or your power of attorney / representative, may file a request for an equivalent hearing if you failed to make a timely request for a Collection Due Process (CDP) hearing (after receiving a Notice and Opportunity for Hearing upon Filing of Notice of a Federal Tax Lien or a Notice and Opportunity for Hearing Prior to Levy). The equivalent hearing will be held by the Appeals Office and will follow the procedures that are used for CDP hearings.

Get professional IRS representation. Our firm represents taxpayers before all administrative levels of the IRS.

Please call us at 562-204-6700 or email us to schedule an appointment.

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